Duterte signs law establishing transnational higher education in PHL

President Rodrigo Duterte has signed a law establishing and administering a transnational higher education in the Philippines.

Duterte signed Republic Act 11448 on August 28, a copy of which was released by Malacañang on Wednesday.

Under the law, transnational higher education includes all modes of delivery of higher education study programs, including distance education and study-abroad programs, which involve education systems of another country different from the state the TNHE operates.

“The state recognizes that rapid developments brought about by globalization, including liberalization of trade in goods and services and expanding use of information and communication technologies, have created a climate for borderless teaching and learning,” the law stated.

“In this light, the state shall endeavor to modernize the Philippine higher education sector and bring international quality standards and expertise into the country, with a view to making higher education globally competitive, attracting a flow of talented students, faculty and staff and improving the country’s human resource base.”

The law mandates the Commission on Higher Education (CHED) to formulate a coherent national strategy to encourage and facilitate the establishment of the most effective TNHE programs and institutions.

Courses offered by transnational higher education institutions (TNHEIs) may include undergraduate, graduate and postgraduate degrees.

The CHED, in consultation with stakeholders from the HEIs and appropriate government agencies, may determine whether to offer specialized courses, including law and medicine degrees, by qualified institutions.

Foreign higher education institutions (FHEIs) may establish commercial presence or engage in the business of providing educational services in the country through various modes or arrangements with a Philippine HEI that is consistent with the Constitution and other laws and based on agreed terms.

The law also said Filipinos should have a 60% stake in a branch campus established by an FHEI. Branch campuses in the country should also be duly registered with the Securities and Exchange Commission and the Department of Trade and Industry.

Foreigners may comprise up to 80% of the faculty and academic personnel and up to 40% of the administrative personnel and staff members in any of the local branches.

However, foreign students may not comprise more than one-third of the enrollment.

Only Philippine HEIs with programs recognized by the CHED may be given government authority to offer services offshore. The Philippine HEI should abide by the laws, rules and regulations of the country where it seeks to operate or deliver its educational programs.

The law also created the Transnational Higher Education Division (TNHED) under the International Affairs Staff of the CHED. The new division will act on all matters related to the TNHE institutions and programs established in the country, whether existing or yet to be established.

The measure also exempts from taxes and duties all revenues and assets of non-stock and non-profit TNHEIs which are used for educational purposes. — MDM, GMA News